Nagy v. John Heuss House Drop In Shelter for Homeless

198 A.D.2d 115, 605 N.Y.S.2d 842

Opinion

—Order, Supreme Court, New York County (Herman Cahn, J.), entered August 12, 1992, which denied plaintiff’s motion for a default judgment pursuant to CPLR 3215, unanimously affirmed, with costs.

Plaintiff has not complied with the requirements of service of process by mail pursuant to CPLR 312-a. He failed to enclose requisite statements of service, an acknowledgement for defendant’s subscription and a stamped return envelope. Service was never completed and the action was never properly commenced. Accordingly, plaintiffs motion was properly denied. Concur — Sullivan, J. P., Ross, Kassal, Rubin and Nardelli, JJ.